The Portland daily press., 1887-05-10
the MURDER OF THE wARpENs
Graves Still Talks cheerfulIy with
His Friends.
His Own Story of the Shooting at
Fletcher Brook.
The Testimony on Both Sides All
Taken.


out the day Graves sat at the window, look
ed through the grating and talked to the
people in a cheerful manner. Efforts were
made to induce the court to allow Graves to
attend church but the request was refused.
The prisoner accompanied by his wife anG
youngest lchild, entered the court room at
o'clock this morning. The wife took seat
beside her husband while the child stood by
the fathers knee. The gathering in front of
the court house, awaiting the opening of the
doors, was even greater than on Saturday.
Only a small portion, however, were able to
find room inside.
The first witness to-day was Thomas Me-
Reavy. He stated that he was at the Fletcher
Brook house November s, 1886. in the after
noon. Saw Mcfarland and Graves, the
former first. Mcfarland seemed to be hunt
ing for something on the ground Saw
Graves moment or two after. Graves said:
''This is bad state of affairs"
"What is it," asked the witness.
"These men here on the ground" Graves
replied.
Witness looked at one of the bodies; didn't
recognize the man on account of the blood on
luc ldCt. ObcPpCu w tnO OtLci DOuy anu IT,
cognized Hill. Witness said:
'This is Hill, the one armed soldier"
81 had to shoot him." said Graves, ''or he
would have killed me-"
"Get out" witness said: "Hil never
would have shot you."
Graves said, "Niles loaded his musket to
shoot me, had to shoot him.
mo, no, Niles would not shoot any one,"
said witness.
After Graves and Mcfarland left witness
examined the body first seen and found it to
be Charles Niles. Hills body lay u to 10
feet away. Saw no gun or other weapon near
either of the dead bodies.
Graves made remark: Il meant to take
care of myself"
Witness replied: 81 wouldn't have shot
these men for all the dogs in the State.
You've got the whole State on your back
now"
Graves then said, "I'm going out and give
myself up"
Witness told them he would take care of
the bodies and both men then disappeared.
McReavy was cross-examined at length by
the defence, but told exactly tho same story.
Liman II. Hayward was next called. He
went to the Fletcher Brook house November
9th at 12.20p. m. met two hunters on the
way; saw two bodies in the yard and re-
cognized Hill by his missing lost arm passed
Niles body but did not recognize the face.
Witness with Messrs. Albee, Whiting and
Libby examined the bodies; examined the
revolver on Hills body; it was in case
which was buttoned down; saw no other
weapon; helped place the bodies in wagon
and conveyed them to Wesley.
Isaac L. Bee. of Whitneyville, was called,
He confirmed the statement of Hayward.
Fred j. Whiting of Newport and Raymond
c. Libby of CORNING told similar stories.
John A. Mcdonald of Machias testified
that he was practicing physician and sur
geon; examined the body of Lyman o. Hill
| at Machias, November 10th, and witness
said Hilps death was caused by hemorrhage
| incident to the shot wounds. Niles death
was caused by the shot fracturing the base
of his skull, also penetrating the brain death
was instantaneous.
| Ellery c. Milliken, of Hancock testified:
Have known Graves from boyhood; had
| conversed with him regarding hunting deer
with dog, and once about three years ago
| questioned MN III reference 10 WndC action
| he would take in case a warpen attempted to
| take his dog while hunting Graves then ex-
| pressed the opinion to the witness that if a
| warden shot his dog he (Graves,) would be
| likely to shoot him.
Raymond d. Wilson, of Cherryfeld, testi-
| fled that he saw Mcfarland and Graves at
| the Fletcher Brook House. In converse
tion concerning dogs, hunting, game laws,
| etc. Graves said if any wardens took his
dog they would have to take his, (Graves,)
hearts blood.
| Charles E. Wilson's testimony was the
| same as above except he understood Graves
to say if the wardens killed his dog he would
have their hearts blood. Sunday afternoon
| if he started deer he would put his dog af-
| ter it.
The state rested here.
George p. Dutton, of Ellsworth, opened
the case for the prisoner. He spoke slowly,
calmly, without any attempt at oratorcal
| display, read the laws and explained the diff
ference between murder in the first and sec
ond degree, manslaughter and homicide. He
said dogs recognized as property by the state
had right to be defended. He proposed
to show Niles and Hill were prowling the
woods armed. That they had said they
would kill any dogs found in the woods.
Their everv appearance indicated purpose
to do so. When the prisoner and wardens
met, after some conversation the prisoner
and his companion used every effort TO in
duce the wardens to leave. The wardens'
manner and talk were very aggreyating to
Graves who was in high pitcn of excite
ment, cooked his gun and pointed it at him.
felt his life in danger and under the impulse
of the moment fired. The deed was not pre-
| meditated.
Mrs. Eben Bacon, who lives at Township
No. 81, testified the day after the shooting
| Ira McReavey came to the house, he said
Graves did the deed in self-defence. Niles
| wanted to pick a fuss. Mcfarland wanted
to leave, but Hill said no. The boy said he
saw Niles put cartridge in the gun, and
Niles said you wait and you'll see some fun.
As Niles was going out he said: I'm kill
the dog and the man which holds him"
The counsel for the defence closed this
afternoon. The pleas will be begun to
morrow. The most important witnesses fol
defence were Mrs. Bacon and the respondent
Graves, Mrs. Bacon's version of the bo,
McReavy's story as related to her differed
considerably from his testimony whilest OF
the stand. According to his statement +,
Mrs. Bacon, Graves did the shooting in sci
defence.
Calvin Penney Graves, the respondent
said | am e2 years Of age. l arrived a
Fletcher Brook with Mcfarland Saturda,
afternoon. Nov. 5th. No one was there
Raymond Wilson and his father came later
Sunday afternoon and Monday morning
went out hunting with Mcfarland about
mile; we took the dog as we were afraid h,
would be killed if left have no recollec
tion of making threats against the warden
in Wilson's hearing. The McReavy bo.
came about II o'clock and Niles and Hill
half an hour after. Considerable talk tool
place about the deer law and other subjects
in the course of which some hot, passionat
words passed.
Hill said: "You have dog" McFarlan
replied, Eyes, bird dog" Hill then said
"You have no right to keep a dog like that,
''to which Mcfarland retorted, Il have
right to keep dog in this State so long a
he doesn't chase deer" Hill responded
"He has killed all the deer on our river an
is going to keep it up here"
Niles said, ''No dog of any kind can com
into my woods and go out alive"
Witness tried to change the conversation
thinking it was small matter to quarr'
over. Mcfarland asked if the wardens wei
going to stay all night; and they said, Yes.
ri guess we will go home then," salt
"Why." asked the wardens, to which / +,
nlied 'sIf we don't we shall be discussin
g game laws all night" Mcfarland and
Then began to pack up and got everythin
out on except witnesses gun and dog. Hitche
1us tbe doG 70 a nail with the belt and went
fetch the dog. He was hitched with the be
which | then put on; l heard Hill say